BILL NUMBER: AB 335	CHAPTERED  06/28/99

	CHAPTER   40
	FILED WITH SECRETARY OF STATE   JUNE 28, 1999
	APPROVED BY GOVERNOR   JUNE 28, 1999
	PASSED THE SENATE   JUNE 21, 1999
	PASSED THE ASSEMBLY   APRIL 29, 1999
	AMENDED IN ASSEMBLY   MARCH 23, 1999

INTRODUCED BY   Assembly Member Mazzoni

                        FEBRUARY 11, 1999

   An act to amend Section 24216.5 of the Education Code, relating to
the State Teachers' Retirement System, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 335, Mazzoni.  State Teachers' Retirement System:  class size.
   Existing law, until July 1, 2002, exempts the compensation earned
by a member of the State Teachers' Retirement System from specified
postretirement compensation limitations if, among other requirements,
the member is employed by a school district to provide direct
classroom instruction in newly created grades kindergarten to 3 or
temporarily fill a position in grades 4 to 12 that was vacated due to
a teacher transferring to a classroom in grades kindergarten to 3
within the same district to meet the objectives of the Class Size
Reduction Program.
   This bill would revise the employment requirements applicable to
the above described exemption to require that the member be employed
by the school district to provide direct classroom instruction in
classrooms created pursuant to specified provisions of existing law
regarding class size reduction or to temporarily fill a position that
was vacated due to a transfer pursuant to those provisions.
   Existing law, until July 1, 2002, provides that, upon written
request, a member who retired on or before July 1, 1996, and who,
within a specified period of time, terminated his or her service
retirement allowance and returned to employment that qualifies for
the exemption described in existing law described above may cancel
his or her reinstatement and return to retirement status as if the
service retirement allowance had not been terminated.
   This bill would delete this provision.
   This bill would provide that the changes made by the bill would
apply to the 1999-2000 school year and subsequent school years.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 24216.5 of the Education Code is amended to
read:
   24216.5.  (a) The compensation earned by a member who retired for
service under this part shall be exempt from subdivisions (d), (f),
and (g) of Section 24214, if all of the following conditions are met:

   (1) The member retired for service with an effective date on or
before July 1, 1998.
   (2) The member retired for service is employed by a school
district to provide either one of the following:
   (A) Direct classroom instruction to students in classrooms that
were created to meet the objectives of a program to reduce class
sizes pursuant to Part 28 (commencing with Section 51000).
   (B) Is temporarily filling a position that was vacated due to a
teacher transferring to a classroom within the same district that was
created to meet the objectives of a program to reduce class sizes
pursuant to Part 28 (commencing with Section 51000).
   (3) All members retired for service whose employment with a school
district meets the conditions specified in this section shall be
treated as a distinct class of temporary employees within the
existing bargaining unit whose service shall not be included in
computing the service required as a prerequisite to attainment of or
eligibility for classification as a permanent employee of a school
district.  The compensation for service performed by this class of
employees shall be established in accordance with subdivision (b) of
Section 24214 and agreed to in the collective bargaining agreement
between the employing school district and the exclusive
representative for the existing bargaining unit within which these
temporary employees of the school district are treated as a distinct
class.
   (4) The employing school district submits documentation required
by the system to substantiate the eligibility of the temporary
employment of a member retired for service for the exemption under
this subdivision.
   (b) A school district that employs a member retired for service
pursuant to this section shall maintain accurate records of the
retired member's compensation earned and shall report that
compensation monthly to the system regardless of the method of
payment or the source of funds from which the compensation is paid.
   (c) This section shall not apply to the compensation earned for
creditable service performed by a member retired for service for a
county office of education or a community college district.
   (d) The amendments made to this section by an act enacted in the
first year of the 1999-2000 Regular Session shall apply to the
1999-2000 school year and all subsequent school years.
   (e) This section shall remain in effect only until July 1, 2002,
and as of that date is repealed unless a later enacted statute which
is enacted before July 1, 2002, deletes or extends that date.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to increase the teaching staffs of public schools, it is
necessary that this bill take effect immediately.
